Cited by
Opinions in Minnesota that cite State of Minnesota v. Eddie Matthew Mosley, 853 N.W.2d 789.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
State v. Mosley , (noting that, where appellant objects on different ground at trial than appellant argues on appeal, it is reviewed under plain-error analysis).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“It is generally misconduct for a prosecutor to ‘knowingly offer inadmissible evidence for the purpose of bringing it to the jury’s attention.’” ().
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State v. Fraga 898 N.W.2d 263 Minn. 2017
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State v. Fraga
898 N.W.2d 263
Minn. 2017
When considering whether an error affected a defendant’s substantial rights within the context of the plain-error rule, we consider “the strength of the evidence against the defendant, the pervasiveness of the improper suggestions, and whether the defendant had an opportunity to (or made efforts to) rebut the improper suggestions.” (citations omitted) (internal quotation marks omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“Generally, evidence is relevant and has probative value when it logically tends to prove or disprove a material fact in issue.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
See, (deter mining that no relief was warranted where defendant’s substantial rights were not affected, even upon an assumption of plain error); State v. Spann , (concluding that district court did not abuse its discretion in denying a mistrial ab sent a showing that th
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“An error is plain if it is clear or obvious; this means an error that violates or contradicts case law, a rule, or an applicable standard of conduct.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
See State v. Mosley , (determining that, even if plain error occu rred, relief was not warranted because the defendant’s substantial rights were not violated ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“An error is plain if it is clear or obvious; this means an error that violates or contradicts case law, a rule, or an applicable standard of conduct.”
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A16-0880
Minn. Ct. App. 2017
at 371-72; (d iscussing Miles and Helterbridle in analyzing the question of expert - identification testimony).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
P. 31.02; d 789, 796-98, 797 n.2 (Minn. 2014) (applying plain-error test to appellate argument challenging relevance after trial counsel objected on other grounds).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
If the state fails to show substantial rights were not affected, this cour t “may correct the error only if it seriously affects the fairness, integrity or public reputation of judicial proceedings.” (quotations omitted).
- State of Minnesota v. Justin Dillard Thomas 890 N.W.2d 413 Minn. Ct. App. 2017
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State of Minnesota v. Justin Dillard Thomas
890 N.W.2d 413
Minn. Ct. App. 2017
go to the weight the trier of fact should give to the testimony, 11 not to its admissibility.” 4 The jury, not the reviewing court, is responsible for weighing the credibility of eyewitness testimony; thus, “the positive and uncontradicted testimony of a victim may be sufficient by itself to support a conviction.”
- State of Minnesota v. Joshua Williams Wermers Minn. Ct. App. 2016
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State of Minnesota v. Joshua Williams Wermers
Minn. Ct. App. 2016
d 789, 798 (Minn. 2014).
- State of Minnesota v. Shawn Patrick Rush Minn. Ct. App. 2016
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State of Minnesota v. Shawn Patrick Rush
Minn. Ct. App. 2016
If we determine that a plain error affected the defendant’s substantial rights, we “may correct the error only if it seriously affects the fairness, integrity or public reputation of judicial proceedings.” cert denied 135 S. Ct. 1185 (2015) (quotations omitted) A prosecutor has “considerable latitude” in a closing argument.
- State of Minnesota v. Tetyang Puok Juate-Yout Minn. Ct. App. 2016
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State of Minnesota v. Tetyang Puok Juate-Yout
Minn. Ct. App. 2016
“Rulings concerning the admission of expert testimony generally rest within the sound discretion of the district court and will not be reversed absent a clear abuse of discretion.” -99 (Minn. 2014).
- State of Minnesota v. Shavelle Oscar Chavez-Nelson 882 N.W.2d 579 Minn. 2016
- State of Minnesota v. Shavelle Oscar Chavez-Nelson 882 N.W.2d 579 Minn. 2016
- State of Minnesota v. Jose Antonio Diaz-Arreguin Minn. Ct. App. 2016
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State of Minnesota v. Jose Antonio Diaz-Arreguin
Minn. Ct. App. 2016
“Rulings concerning the admission of expert testimony generally rest within the sound discretion of the district court and will not be reversed absent a clear abuse of discretion.” –99 (Minn. 2014), cert.
- State of Minnesota v. Robert James Fallin Minn. Ct. App. 2016
- State of Minnesota v. Robert James Fallin Minn. Ct. App. 2016
- State of Minnesota v. Virginia Marie Carlson Minn. Ct. App. 2016
- State of Minnesota v. Philip Lee Carlson Minn. Ct. App. 2016
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State of Minnesota v. Virginia Marie Carlson
Minn. Ct. App. 2016
“An error is plain if it is clear or obvious; this means an error that violates or contradicts case law, a rule, or an applicable standard of conduct.” cert.
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State of Minnesota v. Philip Lee Carlson
Minn. Ct. App. 2016
“An error is plain if it is clear or obvious; this means an error that violates or contradicts case law, a rule, or an applicable standard of conduct.” cert.
- State of Minnesota v. Vidale Lee Whitson, Vidale Lee Whitson v. State of Minnesota, C5-02-2108 876 N.W.2d 297 Minn. 2016
- State of Minnesota v. Vidale Lee Whitson, Vidale Lee Whitson v. State of Minnesota, C5-02-2108 876 N.W.2d 297 Minn. 2016
- State of Minnesota v. Marlow Shelton McDonald Minn. Ct. App. 2016
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State of Minnesota v. Marlow Shelton McDonald
Minn. Ct. App. 2016
“An error is plain if it is clear or obvious; this means an error that violates or contradicts case law, a rule, or an applicable standard of conduct.” cert.
- Fahad Abdihaim Diriye v. State of Minnesota Minn. Ct. App. 2016
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Fahad Abdihaim Diriye v. State of Minnesota
Minn. Ct. App. 2016
Id.; –03 (Minn. 2014) (finding that, even assuming that plain error occurred, no relief was warranted because the defendant’s substantial rights were not violated).
- State of Minnesota v. Livinus Ndubisi Ezeobi Minn. Ct. App. 2016
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State of Minnesota v. Livinus Ndubisi Ezeobi
Minn. Ct. App. 2016
“Rulings concerning the admission of expert testimony generally rest within the sound discretion of the district court and will not be reversed absent a clear abuse of discretion.” –99 (Minn. 2014), cert.
- State of Minnesota v. Jason DeWayne Kirk Minn. Ct. App. 2015
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State of Minnesota v. Jason DeWayne Kirk
Minn. Ct. App. 2015
“A criminal defendant has the constitutional due process right to call and examine witnesses, including expert witnesses, subject to the limitations imposed by the rules of evidence.”
- State of Minnesota v. Kelly Jon Brothers Minn. Ct. App. 2015
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State of Minnesota v. Kelly Jon Brothers
Minn. Ct. App. 2015
“Rulings concerning the admission of expert testimony generally rest within the sound discretion of the district court and will not be reversed absent a clear abuse of discretion.” -99 (Minn. 2014).
- State of Minnesota v. Nathan Charles Robert Schwartz Minn. Ct. App. 2015
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State of Minnesota v. Nathan Charles Robert Schwartz
Minn. Ct. App. 2015
“Rulings concerning the admission of expert testimony generally rest within the sound discretion of the district court and will not be reversed absent a clear abuse of discretion.” –99 (Minn. 2014); (stating that decisions about whether an expert is qualified to provide testimony and whether the testimony will assist the fact-finder are within the district court’s discretion).
- State of Minnesota v. David Eugene Carlson Minn. Ct. App. 2015
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State of Minnesota v. David Eugene Carlson
Minn. Ct. App. 2015
(concluding that district court plainly erred by not redacting references to polygraph test from recording and transcript of police interview); (“[a]ssuming without deciding that the State’s failure to redact the content of some of Mosley’s text messages constituted plain error”); -62 (Minn. 2009) (concluding that district court plainly erred by not editing recording of police interrogation to remove r
- State of Minnesota v. Brian J. Machacek Minn. Ct. App. 2015
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State of Minnesota v. Brian J. Machacek
Minn. Ct. App. 2015
“An error is plain if it is clear or obvious; this means an error that violates or contradicts case law, a rule, or an applicable standard of conduct.” cert.
- State of Minnesota v. Gregory Antoine Davis 864 N.W.2d 171 Minn. 2015